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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX III                                                     765

(4) If there are not so many as six who agree in opinion, the Judge shall, after the
lapse of such time as he thinks reasonable, discharge the jury.

Sec. 306. Verdict in Court of Session when to prevail.—(1) When in a case tried
before the Court of Session the Judge does not think it necessary to express disagree-
ment with the verdict of the jurors or of a majority of the jurors, he shall give judgment

(2) If the accused is acquitted, the Judge shall record judgment of acquittal. If the
accused is convicted, the Judge shall, unless he proceeds in accordance with the provi-
sions of section 562, pass sentence on him according to law.

Sec. 307. Procedure where Sessions Judge disagrees with verdict.—(1) If in any
such case the Judge disagrees with the verdict of the jurors, or a majority of the jurors,
on all or any of the charges on which any accused person has been tried, and is clearly
of opinion that it is necessary for the ends of justice to submit the case in respect of
such accused to the High Court, he shall submit the case accordingly, recording the
grounds of his opinion, and when the verdict is one of acquittal, stating the offence which
he considers to have been committed and in such case, if the accused is further charged
under the provisions of section 310, shall proceed to try him on such charge as if such
verdict had been one of conviction.

(2)   Whenever the Judge submits a case under this section, he shall not record
judgment of acquittal or of conviction on any of the charges on which such accused has
been tried, but he may either remand such accused to custody or admit him to bail.

(3)   In dealing with the case so submitted the High Court may exercise any of the
powers which it may exercise on an appeal, and subject thereto it shall, after consider-
ing the entire evidence and after giving due weight to the opinion of the Sessions Judge
and the jury, acquit or convict such accused of any offence of which the jury could
have convicted him upon the charge framed and placed -before it; and, if it convicts
him, may pass such sentences as might have been passed by the Court of Session.

Sec. 309. Delivery of opinions of assessors.—(1) When, in a case tried with the aid
of assessors, the case for the defence and the prosecutor's reply (if any) are concluded,
the Court may sum up the evidence for the prosecution and defence, and shall then
require each of the assessors to state his opinion orally, on all the charges on which
the accused has been tried and shall record such opinion, and for that purpose may ask
'the assessors such questions as are necessary to ascertain what their opinions are. All
such questions and the answers, to them shall be recorded.

(2)   The Judge shall then give judgment, but in doing so shall not be bound to
conform to the opinions of the assessors.

(3)  If the accused is convicted, the Judge shall, unless he proceeds in accordance
with the provisions of section 562, pass sentence on him according to law.

Sec. 320. Exemptions.—The following persons are exempt from liability to serve
as jurors or assessors, namely:—

(a)   officers in civil employ superior in rank to a District Magistrate;

(oa) members of any Parliament or members of any Legislature of any State;

(b)  salaried Judges ;

(c)   Commissioners and Collectors of Revenue or Customs;

(d)  police-officers and persons engaged in the Preventive Service in the Customs

(e)  persons engaged in the collection of the revenue whom the Collector thinks fit
to exempt on the ground of official duty;

(f)  persons actually officiating as priests or ministers of their respective religions ;

(g)  persons in the Indian Army, Navy, or Air Force, except when, by any law in
•force for the time being, they are specially made liable to serve as jurors or assessors;

(h) surgeons and others who openly and constantly practise the medical pro-
fession ;

(i) legal practitioners (as denned by the Legal Practitioners* Act, 1879) in actual

(j) persons employed in the Post-Office and Telegraph Departments;

(k) persons exempted from personal appearance in Court under the provisions of
Civil Procedure Code, sections 640 and 641;

(1)   other persons exempted by the Local Government from liability to serve as
jurors or assessors.

Sec. 345. Compounding offences.—(I) The offences punishable under the sections
of the Indian Penal Code, such as ss. 323, 334 4 are compoundable by the person to
whom the hurt is caused.

(2)   The offences of causing hurt, and grievous hurt, punishable under section 324,
section 325, section 335, section 337, or section 338 5 of the Indian Penal Code, may, with

4,   For original wording and fuller detail of other sections of the Indian Penal Code
vide the Criminal Procedure Act, 1923.
,  , 5...Ibid.        ,                                                   ,   .